Apex court upset at former judges giving opinion on mattersJanuary 29th, 2012 - 2:19 pm ICT by IANS
New Delhi, Jan 29 (IANS) The Supreme Court has taken strong exception to the tendency among litigants to attach opinions by former apex court judges to their PILs in a bid to bolster their claim.
The bench voiced its disapproval with: “If we can’t honour this court, who will do it?”
The court had taken objection to former judges rendering their opinion on the subject during the hearing of a PIL by Grenadiers Association (Rohtak Chapter) on the date of birth controversy of Army Chief General V.K.Singh.
Chief Justice S.H. Kapadia did not take kindly to the petitioner, Grenadiers Association (Rohtak Chapter) annexing the opinion of four former CJIs - Justice J.S. Verma, Justice G.B. Pattanaik, Justice V.N. Khare and Justice R.C. Lahoti - to its petition to back its cause.
Chief Justice Kapadia was so peeved at the opinions being annexed - despite a disclaimer from the former CJIs that they were not to be used in any court proceedings - that he directed the apex court registry not to accept any writ petitions in future if they had such documents annexed.
The registry, the court’s executive wing, was asked to raise objections and not accept a writ petition till such documents were withdrawn. Chief Justice Kapadia said the apex court “registry will carry out this direction in all the matters”.
In another case, the court aired its “despair and anguish” in the course of the hearing of a contempt petition by the Centre for Public Interest Litigation (CPIL) against a manufacturer of pan masala and chewing tobacco for using plastic sachets despite a ban by the apex court.
Justice Ganguly expressed his disgust when he found that the opinion of a former CJI, on what constitutes a sachet, was attached in a pending matter in the case.
The opinion, given on the letter head of a former CJI, said that any packet which had less than half a gram tobacco or four grams of pan masala and was meant for one time use was a sachet.
However, a bigger packet, meant for multiple use, would not technically be a sachet but a pouch.
This enabled the litigant to circumvent the court ban against use of plastic in packaging.
The opinion was procured by the Dharam Pal Satya Pal Group manufacturing Rajnigandha pan masala and Tulsi chewing tobacco and was annexed with their affidavit in response to a contempt notice by the apex court.
Justice T.S. Thakur observed that the “opinion should have said that it could not be used in any court”, which was not done in this case.
He said this when the chewing tobacco manufacturer told the court that the use of plastic in pouches was not wilful and tendered an apology.
Expressing their displeasure, Justice Ganguly observed: “In this country no value is attached to the question of the honour of this court.”
“Every thing melts before money,” Justice Ganguly observed. “If we can’t honour this court, who will?”
- Apex court angry over ex-judges' opinions filed by litigants - Jan 28, 2012
- No sale of gutka, pan masala in pouches from March 2011 - Dec 07, 2010
- Is tobacco plastic sachet ban being implemented, SC asks - Aug 25, 2011
- Contempt notice issued to company on plastic sachet use (Lead) - May 11, 2011
- No sale of tobacco products in plastic pouches from March: Supreme Court - Feb 17, 2011
- Supreme Court refuses to lift ban on tobacco sachets (Lead) - Apr 14, 2011
- Contempt notice to Rajnigandha maker for using plastic pouches - May 11, 2011
- Deadline for ban on gutkha in plastic sachet stays - Feb 17, 2011
- Deadline for ban on gutka in plastic sachet stays (Lead) - Feb 17, 2011
- Supreme Court rejects plea on army chief's age (Lead) - Jan 20, 2012
- Supreme Court bans sale of 'gutkha', 'pan masala' in plastic pouches - Dec 07, 2010
- Curbs imposed on tobacco items' ads on Gujarat public transport buses - Jan 01, 2011
- Supreme Court refuses to lift ban on tobacco sachets - Apr 14, 2011
- Tobacco sold in plastic packs? - Aug 25, 2011
- Plastic gutka sachets banned, really? - Mar 06, 2011
Tags: apex court, army chief, chewing tobacco, chief general, cji, cjis, contempt petition, court proceedings, executive wing, ganguly, grenadiers, kapadia, khare, litigants, pan masala, public interest litigation, rohtak, sachet, writ petition, writ petitions